HomeMy WebLinkAbout1992-06-02; City Council; Resolution 92-146r a W
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RESOLUTION NO. 92-146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE ABOVE GROUND
ENCROACHMENT FOR 932-1/2 HOME AVENUE
WHEREAS, a request has been made to maintain an existing patio area with
landscaping within a fifty foot (50’) street easement known as Home Avenue; and
WHEREAS, the patio area is located along the easterly side lot line of
property located at 932-1/2 Home Avenue; and
WHEREAS, the patio area and landscaping extend fifteen feet (15’) into the
street easement along the entire fifty-six feet (56’) of the easterly property
line; and
WHEREAS, the City Engineer has determined that the encroachment will not
adversely affect the public‘s ability to use the easement; and
WHEREAS, the owners of the property requesting the encroachment have
executed an Encroachment Agreement wherein they covenant and agree with the City
of Carl sbad as follows:
1. That above described structure shall be installed and maintained in
a safe condition at the sole cost, risk and responsibility of Owners and
successors in interest, who shall hold the City harmless with respect to City
owned faci 1 it i es.
2. Whatever rights and obligations were acquired by the City with
respect to the public right-of-way shall remain and continue in full force and
effect and shall in no way be affected by the City’s grant of permission to
construct and maintain the encroachment structure.
3. These agreements are made for the direct benefit of Owner’s land
above described and the covenants and conditions herein continued shall run with
said land and shall be binding on the assigns and successors of Owners.
4. Owners agree to remove structure upon order from the City.
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NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad,
Cal i forni a, as foll ows:
1. That the above recitations are true and correct.
2. That the Encroachment Permit, dated May 5, 1992, authorizing Mr. and
Mrs. George Windrum to maintain the existing patio area and landscaping in the
street easement, which is on file with the City Clerk and is incorporated by
reference, is approved.
3. That the Mayor and City Clerk are authorized to sign the Encroachment
Agreement and the City Clerk is authorized to cause the original agreement to be
recorded in the office of the County Recorder of San Diego County, State of
Cal i forni a.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Counci 1 held on the 2nd day of June , 1992 by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard
NOES: None
ABSENT: None
ATTEST: QL&mL/ ALETHA L. RAUTEN (SEAL)